Get Adobe Flash player

BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, December 19, 2016.  The meeting was held at the White County Building, 2nd floor Commissioners’ Conference Room beginning at 8:00 a.m.

Commissioners present were:  President John C. Heimlich, Vice President Steve Burton and Commissioner David Diener.  Also present was White County Auditor Gayle Rogers, White County Attorney George Loy and the Commissioners’ Assistant Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES

  • Commissioner Diener made a motion to approve the minutes from the regular meeting held on December 5, 2016, as presented, seconded by Commissioner Burton. Vote:  Unanimous

PAYROLL

  • Commissioner Diener made a motion to approve the payroll for December 19, 2016, seconded by Commissioner Burton. Vote:  Unanimous

CLAIMS

  • Commissioner Diener made a motion to approve and pay the claims as presented, seconded by Commissioner Burton. Vote:  Unanimous

ENGINEERING AGREEMENT

Highway Superintendent Mike Kyburz presented a Memorandum of Agreement for 2017’s Engineering Services from HWC Engineering.  The agreement and rates are the same as this years and the agreement will run from January 1, 2017 through December 31, 2017.

  • Commissioner Diener made a motion to accept the Memorandum of Agreement for Engineering Services with HWC Engineering for 2017, seconded by Commissioner Burton. Vote:  Unanimous

HIGHWAY BIDS

County Highway Superintendent Mike Kyburz made the recommendation to accept all the bids that were submitted for the 2017 Highway Supplies.

  • Commissioner Burton made a motion to accept the bids for the 2017 County Highway Supplies, as presented, seconded by Commission Diener. Vote:  Unanimous

ITEM 1:  UNLEADED GASOLINE

1.  Co-Alliance, Frankfort, IN Bid Bond Accepted

ITEM 2:  DIESEL FUEL #1, #2, & PREMIUM

No bids received.

ITEM 3:  TIRES & TUBES

1.  Pomp’s Tire, Monticello, IN  No Bid Bond Accepted

ITEM 4:  CRUSHED LIMESTONE, ROAD GRAVEL, CEMENT GRAVEL, & ICE SAND

1.  Hanson Material Service, Monon, IN Bid Bond Accepted

2.  U.S.  Aggregates, Indianapolis, IN Bid Bond Accepted

3.  Engineering Aggregates Corp., Logansport, IN Bid Bond Accepted

4.  Segal’s Delta Trucking, Reynolds, IN Cashier’s Check Accepted

ITEM 5.  A.E. GRADES IF BITUMINOUS MATERIALS

1.  Asphalt Materials, Inc., Indianapolis, IN  Bid Bond Accepted

2.  Bit-Mat Products of Indiana, Ashley, IN Bid Bond Accepted

ITEM 6.  COLD MIX PATCHING MATERIAL

1.  Central Paving, Inc., Logansport, IN Bid Bond Accepted

2.  Rieth-Riley Construction Co., Inc., Lafayette, IN Bid Bond Accepted

3.  Milestone Contractors, Lafayette, IN Bid Bond Accepted

ITEM 7.  BITUMINOUS COATED PAVING MATERIAL

1.  Rieth-Riley Construction Co., Inc., Lafayette, IN Bid Bond Accepted

2.  Central Paving, Inc., Logansport, IN Bid Bond Accepted

3.  Milestone Contractors, Lafayette, IN  Bid Bond Accepted

4.  E & B Paving, Inc., Rochester, IN Bid Bond Accepted

ITEM 8.  RENTAL OF EQUIPMENT

1.  Milestone Contractors, Lafayette, IN Bid Bond Accepted

2.  Central Paving, Inc., Logansport, IN  Bid Bond Accepted

MATERIALITY POLICIES & PROCEDURES

White County Auditor Gayle Rogers presented an ordinance for its second reading that will approve implementation of a Materiality Policies and Procedures for White County.

Attorney Loy said that any shortfalls over the threshold ($100,000 cash loss, or $50,000 for loss of assets) must be reported to State Board of Accounts.

Auditor Rogers said that any theft or fraud, regardless of the amount, must be reported no matter what.

  • Commissioner Diener made a motion to adopt Ordinance No. 16-12-05-02, on the second reading approving implementation of Materiality Policies and Procedures for White County for reporting, seconded by Commissioner Burton. Vote:  Unanimous

ORDINANCE NO. 16-12-05-02

AN ORDINANCE APPROVING IMPLEMENTATION OF MATERIALITY POLICIES AND PROCEDURES FOR WHITE COUNTY FOR REPORTING MATERIAL LOSSES

WHEREAS, I.C. §5-11-1-27(j) requires that erroneous or irregular material variance, losses, shortages, or thefts of political subdivision funds or property, shall be reported immediately to the State Board of Accounts; and

WHEREAS, State Board of Accounts Examiner Directive 2015-06 directs each political subdivision to determine its own policy on materiality; and

WHEREAS, the White County Commissioners do not condone any erroneous or irregular material variances, losses, shortages, or thefts of County funds or property but recognize that relatively small items may not justify the cost of the involvement of the State Board of Accounts; however, if such an incident occurs, it is the County’s policy for the Auditor and Treasurer or such other elected official or county employee upon becoming aware of any variance, loss, shortage or theft to immediately report the same to the White County Commissioners and Auditor, to be placed on the agenda for resolution at the next White County Commissioners’ meeting.

NOW, THEREFORE, BE IT HEREBY ORDAINED, by the Commissioners of White County, as follows:

Section 1. White County hereby establishes the materiality threshold at which point the County shall report incidents of material variances, losses, or shortages to the State Board of Accounts to be a $100,000.00 or more one-time cash loss, or a value of $50,000.00 or more for a one-time loss of assets.

Section 2. Any County public official, department head or employee with actual knowledge or reasonable cause to believe that there has been a misappropriation of public funds or assets shall immediately send written notice of such misappropriation to the White County Commissioners and the White County Prosecuting Attorney, regardless of the amount or value.

At this time, Council President Butch Kramer called the council members to order in joint session with the commissioners.  Council members present:

President Butch Kramer Jim Annis Arthur Anderson Bruce Clear

Denny Carter Jim Davis Casey Crabb

BUILDING DEPARTMENT

Area Plan Director Joe Rogers discussed the following:

2016 2015

Building Inspections:  722 705

Building Permits: 330                       343

New Homes:  38                         37

They are putting the finishing touches on the Comprehensive Plan a public hearing should be held sometime in January or February.

ECONOMIC DEVELOPMENT

President Randy Mitchell presented the Economic Development Business Summary for December 2016.

Four new businesses have started up in the county:

  1. Kopacetic Beer Factory, Monticello
  2. Boezeman Oil Co (Wayfair), Chalmers
  3. Grand Davo Crane, Brookston
  4. Deals & Steals, Monticello

Mr. Mitchell said that he met with the Steering Committee associated with the Lilly Endowment to gain funds for the Region for future projects.  He’s also working with students from Purdue to see if any of them would be interested in working for Indiana Beach as interns to help them extend their season.

ENVIRONMENTAL

Environmental Officer Jim Reynolds presented the Environmental Report for December.

  • Received 39 calls/complaints on various issues.
  • Issued 2 septic permits.
  • Made 7 landfill inspections.
  • Attended EVOC and State Mandates training.

E911

E911 Director reported that the P25 State project is set to go to the new frequency sometime in January.  Most departments throughout the county are ready for the change.

The Emergency Medical Dispatchers now have digital tablets at each of their consoles, which gives them more workspace.

COMMUNITY CORRECTIONS – WORK RELEASE PROGRAM

White County Prosecutor Bob Guy said that Carroll County is forming a Community Corrections program and they do not currently have a work release center.  Agreements have been made between White and Carroll Community Corrections Boards to guarantee Carroll County a certain number of beds to house their work release inmates starting in 2017.  In return, White County will receive $20,000 from Carroll County’s Community Corrections grant funds that will be deposited into White County’s General Fund.

CONSIDERATION OF AGREEMENT - CHAMBER BUILDING

White County Attorney George Loy presented an agreement to transfer the Chamber of Commerce building from the White County Commissioners over to the Greater Monticello Chamber of Commerce.

  • Commissioner Diener made a motion, based on all the contingencies listed, to approve the agreement to transfer the Chamber Building to the Greater Monticello Chamber of Commerce, Inc., as presented, seconded by Commissioner Burton. Vote:  Unanimous

The agreement reads as follows:

AGREEMENT FOR TRANSFER OF REAL ESTATE BY WHITE COUNTY

TO GREATER MONTICELLO CHAMBER OF COMMERCE, INC.

THIS AGREEMENT, is made and entered into by and between WHITE COUNTY, INDIANA, acting by and through its Board of Commissioners (“White County”), and the GREATER MONTICELLO CHAMBER OF COMMERCE, INC., an Indiana nonprofit corporation (the “Chamber”).

WITNESSETH:

WHEREAS, White County owns the real estate located at 105 W. Broadway,

Monticello, White County, Indiana, hereinafter described as the “Real Estate”; and

WHEREAS, the Chamber is a nonprofit corporation created for purposes which include education of visitors to and residents of the Monticello area of the recreational, education, and business opportunities existing in the greater Monticello area; and

WHEREAS, it is the desire of the Chamber to own the Real Estate for use as its office and headquarters; and

WHEREAS, it is the desire of White County to transfer the Real Estate to the Chamber to hold title to the same for so long as the Real Estate is occupied and used, on a full-time basis, by the Chamber as its sole office and headquarters under the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and conditions recited therein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, White County and the Chamber agree that:

1.  Subject to the possibility of reverter set forth herein, White County shall transfer to the Chamber all title and interest in and to the Real Estate more particularly described as follows:

Parts of Lots 58 and 59 in the Original Plat of the City of

Monticello, as recorded in Deed Record Book 76 Page 46,

White County Recorder’s Office, more fully described by:

Commencing at the Northwest Corner of said Lot No. 58;

thence North 89 degrees 41 minutes East 68.30 feet to the

Point of Beginning; thence North 89 Degrees 41 minutes

East 22.75 feet; thence South 00 Degrees 19 Minutes East

69.35 feet; Thence South 89 Degrees 41 Minutes West 22.75

feet; Thence North 00 Degrees 19 Minutes West 69.35 feet to

the Point of Beginning, all in Lots 58 and 59 in the Original

Plat of the City of Monticello, Union Township, White County,

Indiana.

2.  The building and all fixtures and improvements of any kind situated in and upon the Real Estate shall be transferred by White County to the Chamber “AS IS,” without warranty of any kind, expressed or implied. The Chamber currently occupies the Real Estate, is fully aware of its condition, and accepts the Real Estate in its “AS IS” condition. All utilities and expenses of any kind pertaining to the Real Estate are the sole responsibility of the Chamber and White County is released and held harmless of the same by the Chamber.

3.  The transfer of the Real Estate to the Chamber is subject to the following express restrictions:

(A) All or any part of the Real Estate shall not be used for any other purpose than the sole office and headquarters of the Greater Monticello Chamber of Commerce, Inc.;

(B) The Chamber shall not transfer title to, lease, mortgage, or sell, by contract or otherwise, the Real Estate to any other entity, corporate or otherwise, or to any person, without White County’s prior written and recorded consent;

(C) The Chamber shall remain an active nonprofit corporation in good standing at all times with the Office of the Secretary of State of Indiana, and shall not be voluntarily or involuntarily dissolved;

(D) The Chamber shall maintain the Real Estate open to the public during normal weekday business hours; and

 

(E) There shall be no office or headquarters maintained by the Chamber other than at the Real Estate, 105 W. Broadway, Monticello, Indiana.

 

(F) That the Greater Monticello Chamber of Commerce, Inc. shall not change its corporate name or its public “Greater Monticello Chamber of Commerce” name on its business sign, telephone, website and or social media sites.

 

4.  It is further agreed by the Chamber that each and all of the restrictions recited herein above shall, as between the Chamber and White County, their successors and assigns be deemed to be and construed as express conditions subsequent, on each of which the transfer of the Real Estate is made, and shall run with the Real Estate.  Further, if the Chamber shall neglect or fail to perform and to comply strictly with any of these restrictions, White County may at any time thereafter serve on the Chamber a notice in writing specifying the particular or particulars in which default or a breach has been made and directing the Chamber to remedy the default or breach. Should the Chamber thereafter for a period of thirty (30) days fail fully and entirely the breach or default, then a notice in writing may be served on the Chamber by White County, notifying the Chamber that White County elects that the title to the whole of the Real Estate shall revert to White County, which notice shall also be recorded with the White County Recorder’s Office; and, title to the whole of the Real Estate shall than immediately and without the necessity of any further action on the part of White County, revert and revest in White County, and the Chamber shall lose and forfeit all of its rights, title, and interest in and to the Real Estate and to the improvements and fixtures on it, and White County shall have the right of reentry to the Real Estate to be conveyed by this Agreement. The above restrictions and the possibility of reverter for breach or default set forth herein shall be recited fully within the deed of transfer of title of the Real Estate to the Chamber, which White County will execute and deliver to the Chamber for recording upon execution of this Agreement by White County and the Chamber.

 

There being no further business to come before the joint meeting, the council members adjourned to their own meeting room.

 

There being no further business to come before the commissioners, their meeting was adjourned.

 

 

 

 

___________________________      _____________________________      ____________________________

John C. Heimlich, President               Steve Burton, Vice President                  David Diener, Member

 

 

 

 

 

ATTEST:  _________________________

Gayle Rogers, Auditor